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PROVIDER OR AIRTIME CHARGES) FOR SUCH ACCESS
AND FOR DISPLAY OR DELIVERY OF ADVERTISEMENTS
INCLUDED WITH THE CONTENT SERVICES. SONY, ITS
AFFILIATES, AND ITS THIRD PARTY PROVIDERS SHALL
HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION,
MIS-DELIVERY, OR FAILURE TO STORE ANY USER
COMMUNICATIONS OR PERSONALIZED SETTINGS.
THE SONY SOFTWARE AND ACCOMPANYING
DOCUMENTATION ARE FURNISHED TO YOU "AS IS" AND
WITHOUT WARRANTIES OR CONDITIONS, STATUTORY
OR OTHERWISE, OF ANY KIND. SONY, ITS AFFILIATES,
AND ITS THIRD PARTY LICENSOR$ EXPRESSLY DISCLAIM
ALL WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE. SONY, ITS AFFILIATES, AND ITS THIRD PARTY
LICENSORS DO NOT WARRANT THAT THE SONY SOFTWARE
OR ACCOMPANYING DOCUMENTATION WILL MEET YOUR
REQUIREMENTS OR THAT THE OPERATION OF THE SONY
SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
FURTHERMORE, SONY, ITS AFFILIATES, ITS THIRD PARTY
LICENSOR$, AND OTHER THIRD PARTIES DO NOT WARRANT
OR MAKE ANY REPRESENTATIONS OR CONDITIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF
THE SONY SOFTWARE IN TERMS OF ITS CORRECTNESS,
ACCURACY, RELIABILITY OR OTHERWISE. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY SONY, ITS
AFFILIATES, OR A SONY AUTHORIZED REPRESENTATIVE
SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY
WAY CHANGE THIS EXCLUSION OF WARRANTY AND
CONDITION. SHOULD
THE SONY SOFTWARE, MEDIA
ON WHICH THE SONY SOFTWARE IS FURNISHED, OR
DOCUMENTATION PROVE DEFECTIVE, YOU (AND NOT SONY
OR A SONY AUTHORIZED REPRESENTATIVE) ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
LIMITATION OF LIABILITY
IN NO EVENT WILL SONY (INCLUDING BUT NOT LIMITED
TO ANY NEGLIGENCE ISSUES RELATED TO THIRD PARTY
LICENSOR$ OR THIRD PARTY PROVIDERS), ITS AFFILIATES,
OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU
FOR.ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO COMPENSATION,
REIMBURSEMENT OR DAMAGES IN CONNECTION WITH,
ARISING OUT OF OR RELATING TO THIS EULA, ON
ACCOUNT OF THE LOSS OF USE OF THE SONY PRODUCT,
DOCUMENTATION, DOWN TIME AND YOUR TIME, LOSS
OF PRESENT OR PROSPECTIVE PROFITS, LOSS OF DATA,
INFORMATION OF ANY KIND, BUSINESS PROFITS, OR
OTHER COMMERCIAL LOSS, OR FOR ANY OTHER REASON
WHATSOEVER, EVEN IF
SONY,
ITS AFFILIATES, OR ITS
THIRD PARTY LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE SONY SOFTWARE
AND ACCOMPANYING DOCUMENTATION ARE FURNISHED
TO YOU FOR USE AT YOUR OWN RISK. SONY, ITS
AFFILIATES, AND ITS THIRD PARTY LICENSOR$ WILL NOT
BE LIABLE FOR DAMAGES FOR BREACH OF ANY EXPRESS
OR IMPLIED WARRANTY OR CONDITION, BREACH OF
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER
LEGAL THEORY RELATED TO THE SONY SOFTWARE, OR
THIS EULA.
4
Some jurisdictions may not allow exclusions or limitations
of incidental or consequential damages, exclusions or
limitations of implied warranties or conditions, or allow
limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply to you.
LIMITED WARRANTY ON MEDIA
In situations where the Sony Software or any part thereof
is furnished on media, Sony warrants that for a period of
ninety (90) days from the date of its delivery to you, the
media on which the Sony Software is furnished to you
will be free from defects in materials and workmanship
under normal use. This limited warranty extends only
to you as the original licensee. Sony's entire liability
and your exclusive remedy will be replacement of
the media not meeting Sony's limited warranty. ANY
IMPLIED WARRANTIES OR CONDITIONS ON THE MEDIA,
INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND/
OR FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED
IN DURATION TO NINETY (90) DAYS FROM THE DATE
OF DELIVERY. SOME JURISDICTIONS DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR
CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION.
INTELLECTUAL PROPERTY/ NOTICE FOR CLAIMS OF
INTELLECTUAL PROPERTY VIOLATIONS AND AGENT FOR NOTICE
Sony respects the intellectual property rights of others,
and we ask you to do the
same.
It is Sony's policy, at
its discretion as appropriate, (a) to terminate and/or
disable the Content ofThird Party Providers or users of
the Content Services who may infringe or repeatedly
infringe the copyrights or other intellectual property rights
of Sony, its Third Party Providers or others; and/or (b) to
forward reports of
intellectual
property rights violations
to Third Party Providers and others for review and action
per the terms of such Third Party Provider's procedures
for protection of intellectual property rights. The Sony
Software is protected by copyright laws and international
copyright treaties, as well as other intellectual property
laws and treaties. There may be proprietary logos, service
marks, trademarks, likenesses, and trade names found
in the Sony Software. By making the Sony Software,
Sony and its Third Party Licensors are not granting you
any license to utilize those proprietary logervice marks,
trademarks, likenesses, or trade names. Any unauthorized
use of the Sony Software may violate copyright laws,
trademark laws, the laws of privacy and publicity, and
civil
and criminal statutes. All right, title, and
interest
in and to the
Sony
Software, and any and all
copies
or portions thereof, are owned by Sony, its Third Party
Licensors, suppliers and/or other third parties. All rights
not
specifically
granted under this EULA are reserved by
Sony, its Third Party Licensors,
suppliers
and/or other third
parties.
You are responsible for all your activities hereunder,
including all legal liability incurred from access, browsing,
or use of the Content Services by you or by others
who use the Content Services
via
your Sony Product or
Account (as defined in the User Account
section). You
may use the Sony Software for lawful purposes only. You
may not distribute, exchange, modify, sell, or transmit
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